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SEYMOUR  DURST 


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THE  FAMOUS 
HYPOTHETICAL  QUESTION 


WILLIAM    TIWER5  JEROME 
FPANCI5  P-GARVAN 


EVELYN  NESBIT  THAW 
By  BOEHM 


THE  FAMOUS  HYPOTHETICAL  QUESTION 

IN  THE  TRIAL  OF 

HARRY  K-  THAW 

FOR  THE 
MURDER  OF 

STANFORD  WHITE 


PREPARED  BY 

WILLIAM  TRAVERS  JEROME 
ER4NCI5  FGARVAN 


MADE  INTO  THI5  BOOK 

BY 

DOEHM  c  RATHEONE 


COPYRIGHT  19071 

BY 

DOEHMeRATHBONE 


THE  PAMOU5 
HYPOTHETICAL 


LIMITED  TO 
T\0  HUNDRED  FIFTY 
COPIES 


OF  WHICH  THIS  IS 


5pedally  printed  and  bound  for 
Subscribers 


OTE  TO 


The  text  of  thl3 
/ft lie  book  13  one  of  the 
wo3t  noteworthy  productions 
of  its  kiuol  in  criminal 
jurhprudence  Nothing 
more  need  be  3<3ic/  on 
that  point 

Ao  for  the  illustpcitions 
they  are  m&de  by  men  c 
women   who  STand  at  the 
verjy  fore  front    of  art 
in  America We  are 
sure  yc^u  Join  us  in 
thcinkinp    these  ,  our  many 
frien ds  ,   \wh o  ^haire  ma  d  e 
the   publication   of  this 
book   possible  • 

Each  signature  herein 
IS  more  than  a  ncime  — 
Each   Is  the  3/^n   of  a 
potent  personality  » 

The  whole  is  history o 


Assume  that  the  Following  Are  Corb£ct  State- 
ments OF  Facts  : 

That  the  defendant's  exhibits  A  to  I,  inclusive, 
defendant's  exhibits  L  and  K  and  defendant's  ex- 
hibit P  were  written  by  a  man  hereinafter  desig- 
nated as  H.  K.  T. ;  that  H.  K.  T.  was  born  on  the 
12th  of  February,  1871;  that  one  of  his  maternal 
uncles  was  of  unsound  mind  from  about  1883  to 
1889,  in  which  year  he  died,  but  that  the  character 
of  the  unsoundness  of  mind  and  the  causes  thereof 
do  not  appear  (p.  298) ;  that  H.  K.  T.  when  in  his 
early  childhood  suffered  from  measles,  mumps, 
whooping  cough,  St.  Vitus  Dance  and  Scarlet 
Fever  (p.  264) ;  that  H.  K.  T.  has  always  been  of  a 
highly  nervous  temperament,  when  quite  young 
he  slept  very  badly  so  that  a  nurse  had  to  nurse 
him  a  good  part  of  the  night;  that  when  he  had 
St.  Vitus  Dance  it  lasted  for  a  period  of  some 
weeks  and  that  during  the  continuance  of  this  dis- 
ease H.  K.  T.  had  strabismus  so  that  he  looked 
like  a  child  whose  eyes  were  perfectly  crossed; 
that  the  attack  of  measles  occurred  when  H.  K.  T. 
was  about  nine  or  ten  years  old,  at  which  time 
H.  K.  T.  appeared  to  be  an  unusually  nervous 
child  (p.  297) ;  that  in  December,  1901,  in  the  City 
of  New  York  at  a  restaurant  at  a  dinner  given 
by  H.  K.  T.,  H.  K.  T.  for  the  first  time  met  E.  N., 
a  young  woman  of  17  years  of  age,  then  a  chorus 
girl  in  a  theatrical  performance  in  the  City  of 
New  York  and  known  to  H.  K.  T.  to  be  such 
(pp.  1735-1851) ;  that  shortly  thereafter  H.  K.  T. 


on  PILED 


A.. 


READ  IN  COURT 
MARCH.  15.  1907 


/ 

sent  to  E.  N.  to  the  theatre  where  E..  N.  was  play- 
ing sorne  roses  accompaniecl  by  a  fifty  dollar  bill ; 
that  E.  N.  caused  to  be  returned  to  H.  K.  T.  the 
fifty  dollar  bill  and  that  thereafter  H.  K.  T.  called 
upon  E.  N.  and  apologized  for  having  sent  to  her 
the  money;  that  thereafter  H.  K,  T,  went  to  lunch 
with  E.  N,  at  the  restaurant  in  a  hotel,  and  E.  N. 
saw  him  a  few  times  in  the  month  of  December, 
1901,  and  January,  1902,  but  did  not  see  H.  K.  T. 
again  until  after  the  end  of  October  or  the  com- 
mencement of  November,  1902   (pp.  580-1735- 
1867);  that  E.  N.  went  to  school  in  New  Jersey 
at  the  end  of  October  or  the  commencement  of 
November,  1902,  where  she  remained  until  early 
in  1903,  when  she  became  ill;  that  her  illness  was 
of  such  a  nature  as  to  require  a  surgical  operation 
which  was  performed  at  the  school  in  New  Jer- 
sey, all  of  which  facts  were  Icnown  to  H.  K.  T. 
"While  E.  N.  was  at  school  in  New  Jersey  and  prior 
to  the  operation  she  met  H,  K.  T.  several  times 
in  New  York.  "While  E.  N.  was  at  school  in  New 
Jersey  H.  K.  T.  called  upon  E.  N's.  mother  in  the 
City  of  New  York  and  informed  her  that  he  did, 
not  desire  E.  N.  to  go  abroad  with  her  school  mis- 
tress unless  E.  N's.  mother  was  one  of  the  party 
and  offered  to  pay  the  expenses  of  a  trip  abroad 
if  E.  N's.  mother  would  go  along,  and  at  this  time 
H.  K.  T.  informed  E.  N's.  mother  that  if  the  moth- 
er would  use  her  influence  with  her  daughter,  E. 
N.,  to  cause  her  to  marry  H.  K.  T.  he,  H.  K.  T., 
would  settle  enough  money  on  the  mother  to  take 
careof  herandherson  (p. 1332) ;  that  just  before  the 
operation  on  E.  N.  at  school  in  New  JerseyH.  K.T. 
went  to  the  school,  kneeled  by  the  bedside  of 
E.  N.,  kissed  her  hand  and  withdrew-  E.  N.  having 
been  forbidden  by  the  doctors,  as  H.  K.  T.  knew, 
to  converse,  and  H.  K.  T.  before  kneeling  and  piss- 
ing E.  N.'s  hand  placed  his  finger  to  his  lips  in  a 


cautionary  sign  to  keep  silence.  .After  the  opera- 
tion was  performed  upon  E.  N.  she  was  removed 
to  a  hospital  in  the  city  of  New  York  and  while  in 
that  hospital  H.  K.  T.  called  upon  her  and  sent 
her  fiowers  and  certain  delicacies.  In  ^farch, 
1903,  E.  N.  was  sufficiently  recovered  from  her  op- 
eration to  be  about  and  ^1.  K.  T.  planned  for  E.  N. 
and  her  mother  a  trip  to  Europe  at  his  expense, 
PI.  K.  T.  being  a  man  of  means  and  E.  N.  and  her 
mother  being  persons  in  straightened  circum- 
stances. The  offer  of  H.  K.  T.  to  send  the  mother 
and  daughter  abroad  was  accepted  and  H,  K.  T. 
himself  went  abroad  leaving  his  valet  to  accorh- 
pany  and  take  care  of  E.  N.  and  her  mother  on 
their  trip  across.  E.  N.  and  her  mother 
went  abroad  at  the  expense  of  H.  K.  T. 
and  H.  K.  T.  met  them  in  Paris  in  June, 
1903.'  In  Paris  E.  X.  and  her  mother  and 
H.  K.  T.  lived  in  the  same  apartments,  and 
one  niglit  H.  K.  T.  asked  E.  N.  to  marry  him.  E. 
N.  stared  at  him  for  a  moment,  and  then  H.  K.  T. 
said,  "Don't  you  care  for  me?  Don't  you  care 
anything  about  me?"  And  E.  N.  said,  "Yes." 
And  H.  K.  T.  then  said,  "Well,  what  is  the  mat- 
ter then?"  And  E.  N.  said,  "Just  because." 
And  H.  K.  T.  said,  "Why  won't  you  marry  me!" 
And  E.  N".  said,  "Because."  And  H.  K.  T.  then 
said,  "Well,  tell  me  why  won't  you,  for  what  rea- 
son, why -won't  you  marry  me?"  And  then  H.  K. 
T.  came  over  to  E.  N.  and  put  his  hands  on  her 
shoulders  and  looked  straight  at  her  and  said,  "Is 
U  because  of  S.  W.?"  And  E.  N.  said,  "Yes." 
The  manner  of  H.  K.  T.  at  this  time  was  very  kind 
and  nice  and  he  looked  at  E.  N.  very . straight. 
Then  H.  K.  T.  sat  down  and  told  E.  N.  that  he  was 
her  friend;  that  he  eared  more  for  her  than  he 
had  ever  cared  for  anybody;  that  he  could  never 
love  another  woman,  and  he  never  would  marry 


U  'bJU^         C0[/H5f L  \\i  CHIEF 


another  woman,  and  that  if  she  would  not  marry 
him  he  would  never  marry  anybody  else.  And 
then  H.  K.  T.  said  that  he  wanted  E.  N.  to 
tell  him  about  S.  W.    A.nd  E.  N.  started  to  cry. 
H.  K.  T  said  he  wanted  her  to  tell  him  the 
whole  thing  and  that  he  would  not  think  any 
the  less  of  her  if  she   told   it   Lo   him;  that 
thereupon    E.  N.    told    H.  K.  T.    as  follows: 
that  when  she  was  about  sixteen  years  of  age  she 
had  met  S.  W. :  that  S.  W.  was  a  man  somewhat 
advanced  in  years,  and  that  at  first  his  personal 
atteutioas  to  her  denoted  the  utmost  respect  for 
her  tender  years,  and  the  utmost  solicitude  for  her 
welfare  and  preservation  from  all  contamination, 
and  that  he  had  placed  luraself  toward  her  and  her 
mother  in  the  attitude  of  a  benefactor;  that  she, 
E.  N.,  had  been  brought  up    in    poverty,  having 
own  with  her  mother  and  brother  what  it 
food  and  to  have  gone  hungry;  and 
her  to  entertainments  and  to 
ned  or  controlled  which  were 
after  S.  W,  by  this  course 
lished  himself    with  her 
r  and  brother-and  herself, 
S.  W.  suggested    to  her 
^f^oay  a  visit  to  friends  in 
jiclnw  mother  with  means  to 
'thift  during  the  mother's  absence 
care JiM^er,  E.  N  ,  and  would 
f  iBat  iK.  w  impressed  upon 
strongly  111  at  she  should  meet 
aiifl  should  be  introduced  to 
it'  she  mades.  the  acquaintance 
eport  to  htta,  S.  W,,  that  he 
might  determine  ,up4»u  tLc  propi^ty  of   the^  ac- 
Qufetanoe *5IIgLff^oqra,^e  or  discourage  it  as  the 
\tca^e  might  require.  ,.  T|iac  at  this^fime  she,  E.  N., 


OtLMAS 


5 


'u-as  a  chorus  girl  playing  at  a  theatre  in  this  city; 
that  while  the  mother  was  absent  from  the  city 
S.  "W.  invited  her,  E.  X.,  to  an  evening  entertain- 
ment after  the  theatre;  that  after  the  theatre  she 
went  to  a  house  in  24th  Street,  in  this  city,  where 
S.  AV.  had  indicated  to  her  that  the  entertainment 
would   be,   and  that  when  she  ari'ived  there  she 
found  that  S.  W.  was  there  alone  and  that  though 
the  table  was  set  for  four  guests  at  supper  there 
was  no  one  else  present;  that  S.  "W.  informed  her 
that  the  other  guests  would  not  come  and  proposed 
to  her  that  they  sit  down  and  eat;  that  they  did 
sit  down  and  eat,  and  that  S.  W.  allowed  her  to 
have  only  one  glass  of  champagne ;  that  after  the 
supper  was  over  S.  \V.  asked  her  to   view  other 
parts  of  the  house;  that  he  finally  took  her  to  ai 
room  where  there  was  a  small  table  upon  which\ 
stood  a  single  glass  and  a  small  bottle  of  cham-  \ 
pagne;  that  while  her  attention  was  attracted  by  '\ 
a  picture  S.  "W.  filled  the  glass  with  champagne 
and  insisted  upon  her  drinking;  that  she  did  drink 
it  and  in  a  minute  or  two  a  pounding  began,  in  her 
ears,  a  thumping  and  a  pounding  and    then  the 
whole  room  seemed  to  go  round  and  everything  got 
very  black  and  she  lost  consciousness;  that  when 
she  regained  consciousness  she  was  in  bed  with 
nothing  on  but  a  little  shirt  and  S.  W.  was  in  bed' 
with   her   nude,   and   that   there    were  mir- 
rors   all    around    the   bed;    that    she  was 
alarmed   and   screamed   and   S.  W.   tried  to 
quiet  her;  that  when  she  got  out  of  the  bed  to 
reclotbe  herself  she  saw  large  blot^ihes  of  blood 
all  over  everything  and  thereupon  she  began  to 
scream  more  than  ever  and  S.  W.  came  back  into 
the  room  and  tried  to  quiet  her ;  that  after  she  was 
dressed  S.  W.  took  her  home  to  her  hotel  and  left 
her  and  that  she  sat  up  all  night  and  continued  to 
sit  up  until  the  afternoon  of  the  next  day  when 


HARRX  K-  THAW 


PEOPLED  rXPfTO 


S.  W.  aijpeared  at  the  hotel;  that  S.  then 
kneeled  beside  her  and  picked  up  and  kissed  the 
edge  of  her  dress,  and  that  she  vrould  not  look 
at  him,  and  that  he  said  to  her  that  she  should  not 
be  worried  or  upset;  that  she  had  the  most  beauti- 
ful head  he  had  ever  seen,  and  he  would  do  a  great 
many  things  for  her,  and  that  everybody'  did 
these  things  and  that  that  was  all  people  were 
born  for  and  lived  for,  and  that  she  was  so  nice- 
looking  and  slim  that  he  couldn't  help  it,  and  that 
she  was  so  pretty  and  that  only  very  young  girls 
were  nice,  and  the  thinner  they  Avere  the  prettier 
they  were;  that  nothing  was  so  loathsome  as  a 
stout  or  fat  woman;  that  everybody  was  doing 
these  things  and  that  she  must  be  very  clever  and 
not  be  found  out  and  made  her  swear  not  to  tell 
her  mother  about  it.  That  E.  N.  also  told  H.  K.  T. 
fcat  S.  W.  after  this  occurrence  in  24th  Street 
eight  or  nine  times  thereafter  had  sexual 
Wcourse  with  her  against  her  will  by  plying 
e/  excessively  with  wine  and  exercising  over  her 
mfluence  of  his  strong  personality.  That  the 
'ej^cyupon  H.  K.  T.  of  the  foregoing  was  as  fol- 

ujlii  get  up  and  walk  up  and  down  the 
a  minute,  then  he  would  come  and  sit 
He  would  keep  saying  ' '  Oh,  God,  Oh  God ' ' 
time  and  he  bit  at  his  finger  nails  and  he 
S/ODDea,  kept  sobbing;  the  sobbing  was  not  like 
crying,  ,but  terrible  sobs.    He  kept  saying,  "Go 
go  on,  and  tell  me  the  whole  thing."  This 
scens^tween  H.  K.  T.  and  E.  N.  lasted  all  niglit. 
During  t\e  linterv^iew  H.  K.  T.  endeavored  to 
wiiether  the  mother  of  E.  N.  knew  any- 
it  tTT5~wcurrence  and  E.  N.  said  to  him 
ther  dM  not;  that  the  mother,  like  a 
^wmle,  thought  that  S.  W.  was 
n,  a>N>ery  generous  man^  kind- 


hearted  and  noble,  and  the  mother  wanted  all 
people  to  think  so.    And  when  E.  N.  had  said  this 
H.  K.  T.  made  up  his  mind  that  the  mother  was 
simply  very  weak  in  her  intellect  and  very  fool- 
ish, and  had  been  fooled  by  S.  W.  and  said  that 
it  really  was  not  the  mother's  fault,  only  that  in 
the  beginning  she  should  have  known  better  than 
to  let  E.  N.  go  out  with  an  old  married  man.  H. 
K,  T.  also  at  that  interview  said  to  E.  N.  that  any 
decent  person  who  heard  this  story  would  say  that^ 
it  was  not  the  fault  of  E.  N.,  and  that  E.  N.  wa 
simply  a  poor,  unfortunate  little  girl,  and  tlia^ 
he,  H.  K.  T.,  didn't  think  any  the  less  of  E.  N  o^i 
account  of  it.    And  that  he  would  always  be  h  ' 
good  friend  no  matter  what  happened. 

Thereafter  H.  K.  T.  and  E.  N.  and  her 
went  to  Boulogne  and  from  Boulogne  to  Lon" 
and  after  remaining  a  time  in  London,  H.  K 
living  at  one  hotel  and  the  mother  and  E.  N.  at 
another,  H.  K.  T.  and  E.  N.  left  the  mother,  in 
London  and  went  off  together  and  made  a  trijD 
through  the  cathedral  towns  of  England,  and  then,-,^^ 
went  on  to  the  continent  where  H.  K.  T.  and  E.  N. 
traveled  together  living  as  man  and  wife,  unat- 
tended except  by  servants;  that  during  this  trip 
for  some  time  they  resided  together  in  an  old  Ger 
man  castle;  that  they  finally  returned  to  Pari 
and  that  in  October,  1903,  E.  N.  left  H.  K.  T.  a 
came  to  America  with  money  furnished  her  by 
K.  T. 

That  soon  after  reaching  America,  E.  N.  came 
into  personal  relations  with  S.  W.  and  that  S.  W 
and  friends  of  His  informed  E.  N.  that  H.  K.  T. 
iiad  been  guilty  of  certain  lewd  and  indecent  acts 
with  women,  to  wit:  That  H.  K.  T.  had  tied  a  cer- 
tain woman  to  a  bed  i^ost  when  nude  and  had  flag- 
ellated her,  and  that  he  had  on  another  occasion 
placed  a  nude  woman  in  a  bath  tub  and  allowed 


8 

hot  water  to  run  upon  her,  which  information  was 
subsequently,  and  prior  to  the  25th  of  June,  1906, 
communi<;ated  by  E.  N.  to  fl.  K.  T.;  that  soon  after 
the  arrival  of  E.  N,  in  America,  namely,  within  a 
month  thereafter,  H.  K.  T.  arrived  in  America  and 
visited  E.  N.  at  a  hotel  in  the  City, of  New  York; 
that  E.  N.  at  the  first  visit  informed  H.  K,  T.  that 
he,  H.  K.  T.,  had  put  a  girl  in  a  bath  tub  and  run 
scalding  water  on  her,  and  that  certain  people  had 
told  her  that  H.  K.  T.  took  morphine,  and  that  he 
was  crazy,  and  that  he  was  in  the  habit  of  taking 
girls  and  tying  them  to  bed.  posts  and  beating  them 
(p.  622) ;  that  thereupon  H.  K.  T,  shook  his  head 
sadly  and  said,  "Poor  little  Evelyn  (referring  to 
E.  N.) ;  I  see  they  have  been  making  a  fool  of  you." 
At  that  interview  E.  N.  also  said  to  H.  K.  T.  that 
she  had  been  to  the  office  of  a  lawyer  in  this  City 
and  that  there,  there  had  been  read  to  her  certain 
parts  of  a  document  and  a  signature  had  been, 
shown  to  her  and  that  it  was  supposed  to  be  a  suit 
that  had  been  brought  against  H.  K.  T.  by  one  of 
the  women  who  had  been  treated  in  the  manner 
above  described ;  that  H-.  K.  T.  had  replied  that  it 
was  a  pure  case  of  blackmail ;  that  there  was  noth- 
ing in  it;  that  he  would  not  pay  any  attention  to  it, 
and  that  if  E.  N.  wanted  to  believe  such  things; 
slie  could;  that  this  interview  lasted  about  ten  min- 
utes, and  that  at  it  she,  E.  N.,  persisted  that  she 
would  have  nothing  to  do  with  H.  K.  T. ;  that  upon 
parting,  H.  K.  T.  kissed  the  hand  of  E.  N.  and  said 
that  no  matter  what  she  did,  he,  H.  K.  T.,  would 
always  care  most  for  her,  and  that  she  would  al- 
ways be  an  angel  to  him  (p.' 624) ;  that  about  two 
weeks  thereafter,  E.  N.  was  in  a  drug  store  in  the 
City  of  New  York,  drinking  an  ice  cream  soda, 
when  H.  K.  T.  came  in  and  said  to  E.  N.  that  she 
looked  badly,  and  that  E.  N.  said  she  was  not  very 
well,  and  did  not  sleep  at  night;  that  thereupon  H. 


K.  T.  said  that  E.  N.  ought  not  to  put  any  rouge 
Upon  her  face,  because  she  was  not  the  type  that 
could  wear  it;  that  it  did  not  look  well  and  that  she 
should  never  tl;ink  of  putting  any  rouge  upon  her 
face;  that  it  did  not  look  nice;  that  there  was  at 
this  time  no  reconciliation  between  H.  K.  T.  and 
E.  N.  {p,,625) ;  that  thereafter  E.  N.  and  H.  K,  T. 
met  on  the  street  in  this  city  and  simply  spoke; 
that  shortly  thereafter  E.  N.  and  H.  K.  T.,  to- 
gether with  another  woman  met  at  a  cafe  in  this 
city  and;  dined  together  (p.  627).  At  that  time 
H.  K  T.  said  to  E,  N.  that  she  looked  badly  and 
did  not  look  as  though  she  was  able  to  dance  or 
go  into  a  play,  and  that  he  wished  that  E.  N. 
would  not  go  into  the  play  called,  "A  Girl  from 
Dixie,"  and  that  if  E.  N.  would  keep  away  from 
the  theatre,  he,  H.  K.  T.,  would  pay  her  salary 
and  do- it  through  a  third  party,  simply  sending 
it  to  her  merely  for  the  sake  of  her  health,  not  to 
go  to  the  theatre,  and  in  doing  this,  the  manner 
of  H.  K.  T.  was  very  kind  and  nice;  that  E.  N 
refused  the  offer  just  described;  that  just  before 
Christmas,  1903,  E.  N.  and  H.  K.  T.  with'  the  same 
woman,  again  met  at  the  same  cafe  at-lunch,  and 
had  a  conversation,  and,  at  this  conversation  the 
woman  who  was  at  lunch  with  them,  so  far  with- 
drew, that  the  conversation  was  private  between 
H.  K.  T.  and  E.  N.  At  that  time  H.  K.  T.  asked 
E.  N,.what  the  ditferent  stories  were  that  E.  N. 
had  heard  about  H.  K.  T.  in  connection  with 
women,  which  had  been  mentioned  by  E.  N.  in 
her  conversation  with,  H.  K.  T. ,  soon  after  his 
arrival  from  Europe,  in  November,  1903.  There- 
upon E.  N.  told  to  H.  K.  T.  a  story  about  his,  H. 
K.  T.,  putting  a  girl  in  a  bath  tub  and  rimning 
scalding  water  on  her,  and  about  tying  a  girl  to 
a  bed  pOst  with  a  lot  of  rope  and .  beating  her 
with  a  horse  whip,  and  gave  to  H.  K,  T.  the  name 


SKETCH  or  nP5  THAU 
5Y  HETPSEILF 


10 


of  the  men  who  had  told  her <•  these  stories  (p. 
630),  and  she  also  told  H.  K.  T.  that  S.  W.  had 
told  her  that  he,  H.  K.  T.,  took  morphine,  and  that 
while  under  the  influence  of  morphine  he,  H.  K. 
T.,  would  do  these  terrible  things,  and  that  H.  K. 
T,  had  also  repeated  the  story  about  the  bath 
tub.  Thereupon  H.  K.  T.  said,  about  the  first 
story,  to  wit:  The  story  of  the  bath  tub,  that  ha 
could  easily  understand  why  the  friend  of  S.  "VV. 
had  told  it  to  E.  N. ;  that  this  man  hated  him 
and  was  a  friend  of  S.  W.  and  he  said  that  the 
IJistory  was  crazy.  As  to  the  story  about  tying 
ar^girl.  to  a  bed  post  with  a  lot  of  rope  and  beating 
her,  H.  K.  T.  said  that  he  could  not  understand 
this  man  having  told  it  and  he  said  that  about 
the  'stor-ies:  that  S.  W.  and  the  lawyer 
abov6  .fef erred /to  had  told  E.  N.,  that  these 

tcoiJld  jea<di\j  understand.  H.  K.  said 
t  they,  referring  to  the  lawyer  and  S. 
had  simply  made  a  fool  of  E.  N., 
f  an4  that  E.  N.  had  no  business  to  believe  such 
tilings ;  that  E.  N.  had  known  H.  K.  T.  for  some- 
time in  Europe  and  had  known  that  they  were  not 
'^0.  And  then  H.  K.  T.  asked  E.  N.  if  she  had  ever 
seen  him  take  morphine  and  she  replied  that  she 
had  not.  And  H,  K.  T.  then  said  that  if  he  had 
taken  morphine  would  he  not  sometime  or  other 
have  shown  symptoms  of  it.  E.  N.  then  told 
H.  K.  T.  that  S.  W.  had  said  there  were  lots  of 
different  ways  to  take  morphine  (p.  633). 
H.  K.  T.  then  urged  E.  N.  to  investiga-te  the  truth 
of  these  stories  and  offered  to  go  with  her  to  each 
of  the  persons  telling  the  stories  (p.  633).  There- 
after E.  N.  told  H.  K.  T.  that  she  had  investigated 
these  stories  and  that  one  of  the  men  who  had  told 
her  about  it  did  not  tell  the  story  in  the  same  way 
the  second  time,  and  that  she  informed  H.  K,  T 
that  when  inquiring  of  her  informant  about  the 


mb  ■  EVELYN 
MEt)6IT  TMW 


11 


story  and  asking  him  why  he  liad  told  her  the  story 
her  infoi'mant  had  said,  "Oh,  I  just  told  that  to 
please  somebody,"  meaning  thereby  S.  W.;  that 
thereafter  the  man  who  had  told  E.  N.  one  of  these 
stories  joined  E.  N.  and  H.  K.  T.  when  they  were 
in  a  restaurant  together  in  this  city,  although 
E.  N.  had  theretofore  informed  H.  K.  T.  that  it 
was  this  man  that  had  told  her  about  the  story ; 
and  H.  K.  T.,  E.  N.  and  this  man  sat  down  to- 
gether at  the  table  and  H.  K.  T.  displayed  no  agi- 
tation, anger  or  excitement  but  seemed  some- 
what amused  with  the  man  whom  he  then 
and  there,  knew  iiad  told  this  story  about  him, 
to  wit,  the  story  of.  tying  a  naked  woman  to  a  bed- 
post and  beating  her ;  that  the  result  of  the  inter- 
views between  E.  N".  and  H.  K.  T.  at  the  cafe  above 
described  where  these  stories  were  discussed  was 
a  reconciliation;  that  on, the  night  of  the  24th  of 
December,  1903,  E.  N.  was  acting  in  a  certain  the- 
atre in  the  City  of  New  York  and  that  night 
H.  K,  T.  came  to  the  theatre  in  a  vehicle  with  a 
man. and  a  woman  and  that  after  the  play  in  whicli 
B.  N.  acted  she  went  from  the  theatre  with 
H.  K.  T.  the  other  man  and  woman  to  a  restau- 
rant in  this  city ;  that  at  that  restaurant  they  had 
supper  and  drank  considerable  wine  and  from  that 
restaurant  at  an  early  hour  in  the  morning  of  De- 
cember 25,  1903,  H.  K.  T.  and  E.  N.  went  to  an 
apartment  occupied  by  H.  K.  T.  in  this  city  and 
remained  together  for  the  remainder  of  the  night ; 
that  shortly  thereafter  H.  K.  T.  and  E.  N.  went  to 
live  in  connecting  apartments  at  a  hotel  in  the 
€ity  of  New  York ;  that  thereafter  there  occurred 
between  them  a  disagreement  over  certain  state- 
ments made  by  a  woman  and  E.  N.  left  H.  K.  T, 
and  remained  away  one  night;  that  thereafter  a 
reconciliation  was  again  effected;  that  shortlv 
subsequent  to  the  25th  day  of  December,  1903, 


y\mrom  vhitf 


FAC-JIMILE  or  STANFOPD  U/1JTO  JilGNATl/PE 


8^ 


nR3  ENll^H 
M£"35IT  THAW 


s  informed  that  on  the  night  of  De- 
I4th.   1903,   S.   W.   appeared   at.  the 
which   H.   K.    T.    and   E.  N. 
restaurant;    that    S.    "W.  then 
er  with  him  and  announced,  when 
;t  E.  N.  and  H.  K.  T.  had  left 
uld  "shoot  the  son  of  a  bitch 
at  thereafter,  and  up  to  the 
6,  H.  K.  T.,  when  in  the  City 
S.  W.  resided,  always  car- 
'id  not  carry  it  at  times  when 
New  York,  where  S.  W. 
T.  and  E.  N.  went  to 
d  there  for  sometime 
wife,  and  in  the 
it,Q  America;  that 
from^>P^ro|»|yi^9Q4^of  E.  N.  and 
oontini^ed  to  live  Together  as  man 
wi|^;  lhat  from  Jwie,  1903,  until  about  the 
f  'Apth|^1905,  T.  renewed  from  time 

time  his  o-firl^«  to  m^rry  E.  N.,  which  were  al- 
i  Tipo^i^e  ground  that  E,  N.  had  been 
suo^Kps^e  sexually  at  the  hands  of 
would  not  be  right  for  her  to  become 
ot  H.  K.  T.  because   it   would  expose 
to  derision  or  insult  at  the  hands  of  the 
„/^.  and  others  whom  it  was  thought 
by  E.  of  the  treatment  which  she  had  re- 

.Cj^ed  from  S-i-W. ;  that  in  the  early  part  of  1905, 
the  mother  of  H.  K.  T.  consented  to  the  marriage 
of  E.  N.  and  H.  K.  T.  and  that  on  or  about  the 
first  day  of  April,  1905,  E.  N.  consented  to  marry 
H.  K.  T.,  and  that  thereafter  and  on  the  4th  day 
of  April,  1905,  E.  N.  and  H.  K.  T.  were  married 
in  the  City  of  Pittsburgh,  Penn.,  in  the  presence  of 
their  respective  parents;  that  after  the  marriage 
between  E.  N.  and  H.  K.  T.  they  went  on  a 
wedding  journey  and  they  spent  the  summer  of 


13 


1905,  with  the  mother  of  H.  K.  T.,  during  which 
time  H.  K.  T.  seemed  to  be  happy  and  peaceful; 
that  in  the  Autumn  of  1905,  H.  K.  T.  and  E.  N. 
came  to  the  City  of  New  York;  that  on  several  oc- 
casions H.  K.  T.,  while  in  the  company  of  E.  N., 
saw  S.  "W.-and  that  at  these  times  he  seemed  much 
agitated  and  at  least  on  one  occasion  grew  very 
pale  and  stared  fixedly  at  S.  W. ;  that  on  several 
occasions  E.  N.  saw  S.  W.  and  informed  H.  K.  T. 
that  she  had  and  the  circumstances  under  which 
she  had  seen  him  and  that  when  she  informed  him, 
H.  K.  T.  seemed  much  agitated;  that  on  the  25th 
day  of  June,  1906,  E.  N.  and  H.  K.  T.  went  to  a 
restaurant  with  two  male  friends  in  this  City  to 
dine;  that  while  there  S.  W.,  in  company  with  t"wo 
men,  came  in  and  took  dinner;  that  after  leaving, 
E.  N.  wrote  on  a  piece  of  paper,  "The  B.  has  been 
here  but  has  gone  out,"  meaning  by    B.  "The 
Blackguard",  which  was  the  name  commonly  used 
between  E.  N.  and  H.  K.  T.  in  describing  S.  W: ; 
that   after   the  dinner  H.  K.  T.  and  E.  N.,  with 
their  two  male  companions,  went  to  a  place  of  en- 
tertainment in  this  City,  said  place  being  a  roof 
garden,  at  which  a  theatrical  performance  was  go-  ^ 
ing  on;  that  S.  W.  was  present  at  said  theatrical 
performance;  that  H.  K.  T.  only  had  three  seats, 
and  that  after  seating  E.  N.  and  two  male  com- 
panions he  went  to  the  rear  of  the  auditorium, 
and  stood  at  the  rear  of  the  auditorium  looking  in 
the  direction  of  the  spot  at  which  S.  W.  was  sub- 
sequently shot.    H.  K.  T.  stood  there  about  a  min- 
ute or  a  minute  and  a  half,  and  then  approached 
the  brother-in-law  of  S.  W.  and  recognized  him 
and  entered  into  the  following  conversation  with 
him 

H.  K.  T.  said; ' '  That 's  funny,  isn 't  it  ? "  "  Why, ' ' 
said  the  brother-in-law,  "what's  that?"  H.  K.  T. 
said:  "Why,  I  could  only  get  three  seats  on- the 


N  V 


E>  AM//N,F 


THO!?- A- QOf^CiAM  sua  journ/^ 


14 


roof  here  to-uiglit. "  Said  the  brother-m--la\v: 
' '  How  is  that  ?  Have  you  only  bought  admission 
for  yourself?"  H.  K.  T.  answered:  "Yes,"  to 
which  the  brother-in-law  replied:  "What  are  you 
going  to  do?"  "Oh,"  said  H.  K.  T.,  "I  am  go- 
ing to  stroll  to-night."  H.  K.  T.  then  said: 
"Whose  seat  is  that  by  you  down  there?"  S.  W.'s 
brother-in-law  then  said  :  "I  don't  know.  I  came 
in  here  a  few  minutes  ago  and  I  thought  these 
two  seats  looked  like  pretty  good  seats  to  see 
everything  that  is  going  on,  and  I  took  one  of 
them."  H.  K.  T.  then  said:  "These  are  very 
good  seats.  If  you  don't  mind,  I  will  sit  down 
here  by  you  for  a  while."  "All  right,-"  said  the 
brother-in-law,  who  hereinafter  is  designated  as 
"S,"  "sit  down."  H.  K.  T.  then  sat  down  and 
offered  S.  a  cigar,  to  which  S.  replied  "No  thanks, 
I  do  not  smoke  cigars."  H.  K.  T.  then  said: 
"How  is  that?  Don't  you  smoke  at  all?"  S. 
said:  "No;  I  am  a  very  light  smoker.  Once  in 
a  while  1  smoke  a  cigarette  and  not  very  many 
of  those."  H.  K.T.  then  said:  "Well,  have  a 
cigarette,"  and  he  pulled  a  cigarette  case  out  of 
his  pocket  and  offered  S.  a  cigarette  from  the 
case.  S.  took  one,  said:  "Thank  you."  H.  K. 
T.  struck  a  match,  lit  the  cigarette  of  S.  and  then 
lit  his  own  cigar.  After  taking  two  or  three  puffs 
of  his  cigar,  he  said :  "How  do  you  like  the  play?" 
S.  replied:  "Well,  I  don't  care  very  much  for  the 
play,  and  what  I  had  seen  of  it,  I  thought  was 
very  slow;  I  don't  think  that  it  was  the  kind  -of 
a  play  you  need  on  a  roof  garden."  "Well," 
said  H.  K.  T.,  "it  is  very  different  from  the  plays 
we  usually  see  on  a  roof  garden,  isn't  it?  The 
truth  of  the  matter  is  that  we  see  so  much  of  the 
variety  performances  on  the  roof  garden,  it  is 
rather  a  relief  to  see  a  play  of  this  kind.  I  would 
not  be  surprised  but  what  it  would  be  a  success." 


D 

DEL  MA 


\heGloke- 


At4  0 


15 


"Well,"  said  -'1  doubt  it  very  nmcl} 
think  it  is  going  to  be  a  great  success^^va  pla 
like  that."  After  a  few  moments,  H.  K.  T.  sa' 
"What  are  you  doing  in  Wall  Street  nowaday' 
are  you  speculating  at  all  I ' '  S.  replied :  "  No ; 
I  don't  speculate  on  the  street  at  all.  I  haven't 
bought  any  stocks  in  some  time.  \Aniy,  do  you 
know  anything  especially  good  down  there  at  the 
present  timef"  "Well^''  said  H.  K.  T.,  think 
there  is  a  great  chance  in  the  copper  stocks — 
in  Amalgamated  Copper  and  one  or  two 
others.  I  think  the  Steel  stocks  are  very  good; 
I  can  never  understand  why  the  price  of  steel 
stocks  kept  down  where  they  were.  There  is  a 
company  doing  an  enormous  business^,  paying 
enormous  dividends,  with  more  business  than  they 
ever  had  before  and  yet  the  price  is  kept  down 
and  I  think  very  well  of  it  for  an  investment.  If 
I  had  any  money  to  invest,  I  would  put  it  all  in 
steels  and  coppers  at  the  present  day  and  espe- 
cially the  coppers,  and  any  one  who  did  would 
make  a  lot  of  money."  S.  replied:  "I  think  very 
well  of  the  steel  stocks  myself  and  I  hold  some, 
but  I  don't  know  very  much  about  the  coppers, 
but  I  have  heard  that  they  are  very  good  invest- 
ments." Then  H.  K.  T.  said:  "AVhat  are  you 
doing  this  summer!"  S.  replied:  "Wliy,  I  am 
going  abroad  next  Thursday."  H.  K.  T.  said: 
"What  ship  are  you  going  on"?"  S.  said:  "I  am 
going  out  on  the  Deutschland.^'  "Well,"  said 
H.  K.  T.,  "r  don't  care  for  that  ship,"  "No," 
said  S.  "There  are  a  great  many  people  who 
do  not  care  for  the  Dentschland,  I  know."  H.  K. 
T.  said:  "She  breaks  down  too  much  for' me." 
S.  said:  "Yes,  I  know.  It  is  not  a  very  popular 
ship  with  a  great  many  people.  I  like  her  because 
«he  is  fast  and  takes  me  over  very  cjuickly.  I  like 
her,  besides,  I  know  the  Captain  very  well;  he 


16 


OFFICEf? 
riTZPATf^ICK 


makes  it  very  pleasant  for  me  and  also  for  my 
wife  when  she  goes  over  and  for  that  particular 
reason,  I  like  her.  I  have  had  very  good  luck 
every  time  I  sailed  on  her."  H.  K.  T.  said:  "I 
am  going  to  Europe  very  soon  myself,  and  when 
I  go  I  will  go  on  the  Amerika.  I  came  out 
on  her  only  a  few  months  ago.  I  like  those 
large  suites  of  rooms  they  have  on  the  Amerika." 
Then  he  said  when  he  was  going  to  Europe,  he 
was  going  to  have  one  of  those  large  suites  of 
rooms,  he  said,  and  it  was  a  ridiculous  price  they 
charged  for  them — nine  hundred  dollars — and  he 
thought  he  could  be  just  as  well  accommo- 
dated in  a  four  hundred  dollar  room  as  he  could 
in  the  nine  hundred  dollar  room. 

S.  replied:  "What  do  you  want  so  much  room 
for?  There  is  nobody  but  yourself  and  your 
wife." 

"Yes,"  said  H.  K.  T.,  "but  I  know  that;  but 
n  I  go  to  Europe,  I  like  to  have  my  meals 
in  my  own  private  apartments  and  that 
tates  more  room.'" 
"W^l said  S.,  "there  is  something  in  that, 
of  course,  but  do  you  know  that  they  have  on  the 
Amerika  a  Ritz  restaurant  which  is  quite  equal 
to  eatii^g  your  meals  at  Sherry's  or  Delmonico's 
or  the\ Waldorf  Astoria." 

H.  K.  T.  said:  "Yes,  I  understood  so,  but  it 
is  not  eiual  to  having  your  meala  served  in  yowr 
wn  private  apartments.'      S.  said:  "Well,  I 
b'^pose  that  is  so.    That  I  have  never  tried.  1 
dtftr't  kj/ow  anything  about  it." 

U.K.  T.  said:  "Are  you  out  in  New  York 

es,"  said  S.,  "I  left  my  wife  in  Paris,  but  I 
going  to  join  her  very  soon  and  I  am  going  on 
a  motor  trip  for  the  summer."     H.  K.  T.  said: 
*  *  Are  you  very  much  married  ? ' '  S.  replied :  '  Am 


17 


I  very  much  married  %  Why,  what  do  you  mean  % ' ' 
H.  K.  T.  said:  "Well,  are  you  above  meeting,  a 
very  nice  girl?" 

S.  replied:  "Am  1  above  meeting  a  very  nice 
girl  %  "Wliy,  what  girl  do  you  mean !  Is  she  here 
on  the  roof  garden  to-night?"  H.  K.  T.  replied: 
"Oh,  no.  She  is  not  here  on  the  roof  to-night, 
but  you  know  I  expect  to  go  away.  I  will  be  very 
glad  to  give  you  her  address  or  arrange  a  meet- 
ing if  you  would  like." 

"Will  you,"  said  S.  "What  kind  of  a  looking 
girl  is  she?"  H.  K.  T.  said:  "She  is  a  buxom 
brunette,  not  particularly  good  looking,  yet  a 
very  nice  girl." 

S.  said:  "I  am  very  much  obliged  to  you,  but  I 
would  not  do  anything  of  the  kind."  "Well," 
said  H.  K.  T.,  "I  am  sorry,  I  am  sure  she  would 
like  to  know  you."  H.  K.  T.  then  said:  "Do  you 
know  the  men  of  my  party  to-night?"  S.  said: 
"I  see  you^have  with  you  Mr.  McC.  and  Mr,  B. 
Have  you  not?"  and  H.  .K.  T.  said:  "Do  you 
know  them?"  and  S.  said:  "T  have  known  Mr. 
McC.  for  several  years,  but  Mr.  B.  I  only  met  this 
afternoon  at  my  club.  Mr.  McC.  and  I  were  talk- 
ing together  in  the  club  and  Mr.  B.  came  in  and 
he  went  to  ]\Ir.  McC.  and  sat  down  by  him  and 
Mr.  McC.  introduced  me  to  him  and  we  sat  there 
talking  some  little  time.  It  was  the  first  time  I 
ever  knew  Mr.  B. "  "  Well, ' '  said  H.  K.  T.,  ' '  that 
is  a  funny  thing  that  you  have  never  met  Mr.  B., 
but  you  know  he  is  a  very  prominent  dan  and  a 
very  fine  man  and  I  admire  him  very  much.  Do 
you  remember  an  occurrence  that  took  place  sev- 
eral years  ago;  in  fact,  a  good  many  years  ago, 
where  there  were  two  men  and  a  woman.  One  of 
the  women — no,  you  would  not  remember  any- 
thing about  that.    You  were  entirely  too  young 


18 


in  those  days.  You  would  not  remember  any- 
thing of  that  kind. "  '  *  Well, ' '  said  S.,  "  what  case 
do  you  mean?   What  case  are  you  recalling?" 

' ' Oh, ' '  said  H.  K.  T., ' '  no  matter.  You  were  too 
young  in  those  days.  Y''ou  would  not  remember 
anything  about  it."  "Well,"  said  S.,  "I  am  not 
perhaps  so  young  as  you  think  I  am."  "Well," 
said  H.  K.  T.,  "How  old  are  you?"  Said  S.: 
"How  old  do  you  think  I  ami" 

H.  K.  T.  looked  at  S.  and  said:  "I  don't  know. 
I  put  you  down  at  thirty-two  or  thirty-three." 
xJWell,"  said  S.   "You  are  like  everybody  else, 


great 


deal  younger  than  I  am." 
,  T.,  "How  old  are  you?" 
"I  have  some  time  since 
birthday."    "What?"  said 
uld  have  believed  it.  You 


akin^>HHg^^for 

"Well,"  s 
"Well,"  said 
passed  m^ 
H.  K.  T. 
sufrprise 
Said  g 
/  that  resp 
and  look 
tion  of  t 
shot.  Ai 
K.  T.  tu 
a  minute 
motionin 
Exhibit 
looking 
tion  of 
shot. 

When  H.  K.  T.  reached  what  on  People's  Ex- 
hibit "I "lis  indicated  the  26th  Street  aisle,  he, 
H:  K.  T.,lpassed  al^g  it  in  the  direction  on  Ex- 
hibit "I"nndicaJ^  as  the  West  to  about  the  spot 
on  said  eklutfit  indicated  as  the  entrance  and 
then  turned^  and  looked  in  the  direction  of  the 
spot    whei\e   subsequently   S.   W.   was  killed, 


yoiN^p^  like  everybody  else  in 
K.  T.  t^en  got  up  from  his  seat 
e's  heads,  in  the  direc- 
5F!rt«Jsiii£li.SNw.  was  subsequently 
ng  there  foi\^  few  moments  H. 
edxto  S.  and  said,  "EVusc  me,  will  you, 
1  anv. going  down  .in  tois  direction," — 
down\he  aisle  designaded  on  People's 
^ '  1 ",  ^as  tii5>-^Iadison  A.venue  aisle — 
s  h^|?^s^sed  along  that  aisle  in  the  direc- 
he/^ot  wlier5"-S,  W./Was  subsequently 


AND 


19 


for  some  few  moments,  and  then  retraced  his 
steps,  and  while  retracing  his  steps,  continued  to 
look  in  the  direction  of  the  spot  at  which  S.  W. 
was  subsequently  shot;  retracing  his  steps  in  the 
way  indicated,  H.  K.  T.  passed  Smith,  and  in 
passing  him  nodded  and  smiled  pleasantly  and 
went  over  and  sat  down  beside  E.  N.,  his  wife. 
When  H.  K.  T.  sat  down  beside  E.  N.,  Mr.  McC. 
got  up  and  joined  S.  and  in  three  or  four  minutes 
H.  K.  T.  left  his  seat  beside  his  wife  and  came 
to  where  Mr.  McC.  and  S.  w6re  sitting.  Mr.  McC. 
rose  to  give  H.  K.  T.  his  seat  and  thereupon 
H.  K.  T.  put  his  hands  on  Mr.  McC.'s  shoulders 
and  said,  "Oh !  don't  get  up,  McC,  I  am  not  going 
to  sit  down  just  now,  I  am  going  down  here, ' '  mo- 
tioning in  the  direction  of  the  aisle  indicated 
upon  People's  Exhibit  I  as  the  Madison  Avenue 
aisle.  H.  K.  T.  proceeded  down  said  Madison 
Avenue  aisle,  looking  to  his  left,  in  the  direction 
of  the  spot  where  S.  W.  was  subsequently  shot, 
and  continued  along  the  aisle  indicated  as  the 
26th  Street  aisle  on  Exhibit  I,  until  he  reached 
the  point  on  said  Exliibit  indicated  as  the  en- 
trance; whereupon  H.  K.  T.  turned  around  and 
stood  for  a  few  moments  looking  in  the  direction 
of  the  spot  where  S.  W.  was  subsequently  shot. 
H.  K.  T.  then  turned  and  went  out  of  the  en- 
trance indicated  ujDon  said  Exliibit  and  was  gone 
for  two  or  three  minutes,  and  returned  along  the 
26th  Street  aisle  as  indicated  on  said  Exhibit,  un- 
til he  reached  the  stairway  indicated  in  the  south- 
western corner  of  said  Exhibit  I;  he  then  went 
up  said  stairway  to  a  gallery  overlooking  the 
auditorium,  and  remained  two  or  three  minutes, 
when  he  returned  from  said  gallery  and  passed 
along  the  aisle  indicated  on  said  Exhibit  as  the 
Madison  Avenue  aisle  to  where  S.  was  seated, 
and   while   passing  along  the   Madison  Ave- 


fi(/^Ui^  ^^^^ 


20 


aisle  to  where  S.  was  seated,  H.  K. 
>(5T^ed  in  the  direction  of  the  spot  where 
^^"~^s  subsequently  shot.  H.  K.  T.  passed 
and  went  to  the  seat  occupied  by  his  wife  and 
wo  male  companions  at  a  spOt  indicated  upon 
People's  Exliibit  I  by  a  circle,  which  circle 
has  marked  alongside  of  it  the  letter  ''A."  When 
H.  K.  T.  passed  S.  in  joining  his  wife  as  last  de- 
scribed, he  smiled  pleasantly  and  nodded.  Wlaen 
H.  K.  T.  joined  his  wife  and  party,  they  began 
at  once  to  make  preparations  for  leaymg  the  the- 
atre and  started  to  leave  by  passing  along,  the 
Madison  Avenue  aisle  and  from  thence  along  the 
26tli  Street  aisle  to  the  entrance  as  indicated  upon 
Exhibit  I.  E.  N.  with  Mr.  McC.  were  in  advance 
and  Mr.  B.  and  H.  K.  T.  followed  them,  and  as 
they  passed  along  the  Madison  Avenue  aisle,  H. 
K.  T.  was  looking  to  his  Ieft»  Mr,  B.  dropped 
behind  H.  K.  T.  and  spoke  with  a  friend.  H.  K.  T. 
proceeded  along  the  Madison  Avenue  aisle  and 
then  along  the  26th  Street  aisle  until  he  reached 
a  portion  of  the  26tli,  Street  aisle  indicated  upon 
People's  Exhibit  I  by  a  red  line  running  north 
and  south.  That  when  H.  K.  T.  reached  that  spot, 
there  .was  a  table  about  eighteen  or  twenty  feet 
to  his  left,  at  which  was  seated  S.  W.,  which  said 
table  is  indicated  upon  People's  Exhibit  I  by  a 
blue  cross.  Tliat  at  that  time  S.  W.  was  seated 
at  said  table  with  his  right  elbow  upon  the  table 
and  his  head  resting  upon  his  right  hand,  with 
his  face  directed  toward  the  stage  of  the  theatre, 
as  the  same  is  indicated  upon  People's  Exhibit  1. 
That  H.  K.  T.  walked  from  the  point  that  he 
had  reached  in  the  2Gth  Street  aisle  to  said  table, 
and  with  a  self -cocking  loaded  revolver  held  close 
to  the  head  of  S.  W.  discharged  into  the  body  of 
S.  W. .  three  shots  in  rapid  succession,  two*  of 
which  took  effect  in  S.  W.'s  head  and  one  in  the 


WHAT  HAiPp-^K^D  To  OOR-    JTAF-F  A  PO"!^  T 
vvH^  N  ~rTtjE  D  TO  QETT  l  MTo  TH^CoC/fCT  "pi^oo/^ 

5ke:tch  by 


I  I 


21 


neck,  two  of  which  shots  were  fatal.  That  there- 
upon S.  W.  at  once  fell  dead  upon  the  floor. 
That  there  were  present  at  this  time  in  said  thea- 
tre a  considerable  number  of  people  viewing  the 
entertainment,  and  that  immediately  upon  the 
shooting  H.  K.  T.  raised  the  revolver  in  the  air. 
unloaded  it  by  opening  out  the  other  cartridges, 
spread  out  his  hands  towards  the  audience  .and 
with  the  utmost  coolness  and  deliberation  walked 
away  from  the  scene  of  the  killing  holding  the  pis- 
tol by  the  bai'rel  with  the  butt  uj^wards;  that 
H.  K.  T.  walked  in  the  direction  of  his  wife  who 
was  standing  in  the  twenty-sixth  street  aisle  at 
or  near  the  elevator  as  indicated  upon  exhibit 
I ;  that  there  was  then  and  there  a  fireman  in  uni- 
form; that  he  passed  behind  H.  K.  T.  and  took 
the  revolver  out  of  H.  K.  T.'s  hand  and  took 
H.  K.  T.  into  custody;  that  H.  K.  T.  gave  up  the 
revolver  without  resistance  and  submitted  to  the 
arrest  without  any  inquiry  as  to  the  cause  of  it, 
and  as  H.  K.  T.  yielded  the  revolver  to  the  fire- 
man H.  K.  T.  said,  "He  ruined  my  wife,"  and 
then  as  H.  K.  T.  reached  his  wife,  E.  N.,  she  said : 
"My  God,  Harry,  what  have  you  done,  what  have 
you  done?"  And  then  H.  K.  T.  leaned  over  and 
kissed  her  and  said,  "It  is  all  right,  I  have  prob- 
ably saved  your  life";  that  H.  K.  T.  manifested 
no  agitation  and  that  the  step  had  been  slow  and 
measured,  his  countenance  pallied  and  his  eyes 
starting  from  their  sockets;  that  thereupon  the 
fireman  who  had  H.  K.  T.  in  custody  transferred 
the  custody  of  H.  K.  T.  to  a~civilian  who  was  the 
engineer  gf  the  theatre,  and  when  this  was  done 
H.  K,  T.  and  the  engineer  were  close  to  the  eleva- 
tor down  which  it'  was  necessary  to  go  in  order 
to  reach  the  street;  and  that  H.  K.  T.  then  said 
to  the  engineer,  "I  have  got  to  go  down  the  eleva- 
tor anyhow,  can't  yquj;iike  me  npw^^^on't  wish 


22 


to  annoy  these  people'";  that  thereupon  the  engi- 
neer and  H.  K.  T.  went  down  in  the  elevator  and 
as  they  stepped  off  a  police  officer  in  uniform  ap- 
peared and  the  engineer  said  to  him,  in  the  pres- 
ence of  H.  K.  T.,  "Officer,  here's  your  man." 
That  H.  K.  T.  turned  to  o^e  of  the  gentlemen  who 
had  been  in  hrs  party  and  requested  him  to  take 
E.  N.,  the  wife,  to  her  hotel  and  to  telephone  to 
his,  H.  K.  T.'s,  brother-in-law.  That  thereupon 
the  police  officer  took  H.  K.  T.  into  custody  and 
asked  him  if  he  had  shot  S.  W.  and  H.  K.  T.  said 
that  he  had ;  the  officer  then  asked  him  why  he  had 
shot  S.  W.  and  he  replied,  "He  ruined  my  wife." 
That  thereupon  the  police  officer  and  H.  K.  T.  left 
the  building  in  which  the  theatre  was  and  met 
another  police  officer  to  whose  custody  the  first 
officer  transferred  H.  K.  T.;  that  the  second  offi- 
cer asked  H.  K.  T.  what  he,  H.  K.  T.,  was  turned 
over  to  him  for  and  H.  K.  T.  said,  "Take  me  away 
from  the  crowd  liere."  And  said  "Officer,  will 
you  protect  me?"  there  being  then  a  large  crowd 
about  them.  The  officer  replied  that  he  would 
and  thereupon  H.  K.  T.  said  "Take  me  to  the 
station  house,  and  when  1  get  there  1  will 
tell  the  captain  or  the  sergeant  what  the 
trouble  is."  The  police  officer  then  said,  "All 
right"  and  took  H.  K.  T.  to  the  police 
station  house  where  H.  K.  T.  was  arraigned 
before  the  desk  of  the  police  sergeant; 
jthat  on  their  way  to  the  station  house  they  were 
joined  by  another  police  officer  of  tlie  rank  of 
roundsman.  While  standing  in  front  of  the  desk 
at  the  station  house  H.  K.  T.  was  searched  by  a 
police  offi.cer.  At  that  time  the  roundsman  who 
had  joined  H.  K.  T.  and  the  other  officer  on  the 
street  said  to  H.  K.  T.  "So  you  did  some  shoot- 
ing?" and  H.  K.  T.  replied,  "Yes."  The  rounds- 
hen  said,  "Did  you  hit  thejiarty  you  fired 


(XLs. 


/?rpoPTf:p5 


23 


at?"   And  H.  K.  T.  said  "Yes,  I  think  I  did." 
The  roundsman  said,  "Was  it  a  man  or  a 
woman?"   And  H.  K.  T.  replied,  "A  man."  On 
the  way  to  the  station  house  the  officer  who  had 
H.  K.  T.  in  custody  asked  him  if  H.  K.  T.  had 
done  any  shooting  in  the  theatre  to  which  H.  K.  T. 
replied,  "I  did."  The  officer  then  asked  him  who 
he  shot  and  H.  K.  T.  replied,  "I  won't  tell  you, 
there    are    too    many    around,    there    are  a 
lot  of  reporters  around  and  too  many  people,  I 
will  tell  you  wh^n  I  get  to  the  station  house." 
H.  K.  T.  then  asked  the  officer  for  a  match  to 
light  a  cigar  and  offered  a  cigar  to  the  officer. 
When  H.  K.  T.  was  arraigned  at  the  desk  in  the 
station  house  he  was  asked  by  the  sergeant  of  po- 
lice his  name,  and  H.  K.  T.  stated  that  it  was  John 
Smith,  that  he  was  33  years  old,  was  white,  born 
in  the  United  States,  that  his  business  was  that 
of  a  student;  that  he  lived  in  13  Lafayette  Square, 
Washington,  D.  C,  and  that  thereupon  the  de- 
fendant was  placed  in  a  cell  in  prison,  and  has 
remained  continuously  in  prison  until  the  present 
time;  that  the  appearance  and  conversation  of 
H.  K.  T.  from  the  time  he  was  taken  into  custody 
in  the  theatre  until  he  was  locked  in  his  cell,  was 
rational  in  the  opinion  of  the  successive  police 
officers  who  had  him  in  custody  and  who  had  con- 
versations with  him. 

That  Exhibits  A  to  I  were  written  by  the  de- 
fendant in  the  period  between  the  early  or  middle 
part  of  October,  1903,  and  November  15th,  1903; 
that  H.  K.  T.  executed  his  will  and  codicil,  being 
respectively  Exhibits  L  and  K,  upon  -the  4th  of 
April,  1905,  upon  'the  day  E.'  N.  and  H.  K.*  T.  were 
married;  that  Exhibit  P.  was  written  by  H.  K.  T. 
early  in  1906;  that  during. the  entire  period  here- 
tofore herein  described  during  which  E.  N.  knew 
H.  K.  T.  and  jyas  in  close  as^^ation  with  him. 


V.  T.  never  either  in  his  acts,  conversations  or 
j(con(luct  ap])eared  to  E.  N.  as  irrational  save  and 
'||excopt  when  S.  W  or  men  wliom  he,  H.  K.  T., 
jiad  been  informed  were  closely  connected  with 
S.  W.  in  the  various  practices,  were  mentioned, 
but  from  the  time  that  E.  N.  told  H.  K.  T.  in 
Paris  in  June,  1903,  about  her  relations  with  S. 
W.,  H.  K.  T.  was  incessantly,  when  with  E.  N., 
referring  to  the  details  of  such  relations  and  was 
continually  asking  E.  N.  about  the  same  and  in- 
sisted that  E.  N.  should  tell  him  about  such  de- 
tails; that  H.  K.  T.  would  at  times  awaken  at 
night  and  awaken  in  turn  E.  N.  and  insist- upon 
talking  with  her  about  the  acts  of  S.  W. ;  that 
prior  to  the  25th  day  of  June,  1906,  it  appeared 
tliat  H.  K.  T.  believed  that  by  his  efforts 
S.  W.  had  kept  him  out  of  certain  social 
clubs  m  the  City  of  New  York.  E.  N.  also 
told  H.  K.  T.  that  she  had  gone  to  a  law- 
yer's office  in  New  York  as  hereinbefore  in- 
/licated,  and  H.  K.  T.  thereupon  went  to  see  his 
own  lawyer  because  he,  H.  K.  T.,  was  agitated 
about  the  interview  (p.  733).  H.  K.  T.  after  his 
arrival  from  Europe  in  1903  closely  questioned 
E.  N.  about  her  relations  with  S.  W.  and  said 
lawyer,  and  accused  E.  N.  of  having  improper  re- 
lations with  S.  W.  from  the  time  that  E.  N.  had 
arrived  in  America  in  1903,  to  wit,  October  24, 
1903  (p.  737).  E.  N.  accepted  H.  K.  T.'s  offer 
of  marriage  on  or  about  the  1st  of  April,  1905. 
Whenever  E.  N.  and  H.  K.  T.  talked  together 
about  S.  W.,  H.  K.  T.  would  always  get  excited 
and  would  sob  and  bite  his  nails  (p.  754).  E.  N. 
also  told  H.  K.  T.  when  in  Paris  in  1903  that  she 
had  been  sent  to  school  in  New  Jersey  by  S.  W. 
and  her  mother  in  order  to  break  up  a  love  af- 
fair between  herself  and  a  certain  young  actor  in 
the  Citv  of  New  York  of  whom  she,  E.  N.,  was 


HOMEP  DAVENPORT 


MAIL 


25 


very  fond,  this  young  actor  wanting  to  marry  her, 
but  S.  W.  disapproved  of  such  marriage.  In  May, 
1906,  E.  N.  told  H.  K.  T.  that  S.  W.  had  had  a 
conversation  with  a  certain  actress  and  had  said 
to  this  actress  that  he,  S.  W.,  did,  not  believe  that 
H.  K.  T.  and  E.  N.  really  did  care  for  one  an- 
other (p.  1282) ;  and  that  when  the  actress  did 
assure  S.  W.  that  they  did,  S.  \V".  had  said  it 
would  not  last  and  had  said,  "I'll  get  her" — re- 
ferring to  E.  N. — "back";  and  that  thereupon  H. 
K.  T.  had  said  that  he,  too,  had  been  given  this 
same  infoimation  by  the  actress;  that  after  the 
marriage  between  E.  N.  and  H.  K.  T.,  H.  K.  T, 
constantly  referred  to  the  occurrences  between  E. 
N.  and  S.  W.  which  E.  X.  had  described  to  hirn 
as  above  narrated  in  Paris  in  1903.    H.  K.  T. 
was  always  talking  about  it.    lie  would  awaken 
E.  N.  in  the  middle  of  the  night,  would  sob  and 
bite  his  nails  and  would  constantly  ask  E.  N. 
about  some  detail  of  the  terrible  thing  (p.  1286). 
In  1904,  E.  N.  told  H.  K.  T.  that  she  had  met'S. 
W.  at  the- room  of  a  certain  actress  who  was  ill 
and  that  S.  AV.  had  tried  to  take  some  liberties 
with  her  (p.  1287) ;  that  during  the  married  life 
uf  E.  K^.  and  H.  K.  T.,  H.  K-  T.  said  to  E.  N. 
that  all  her  unhealthiness  had  come  from  her  re- 
lations with  S.  W  as  described  hereinabove  (p. 
1288);  that  in  the  early  part  of  1906,  H.  K.  T. 
showed  E.  N.  exhibit  P.  and  gave  it  to  her  to 
read  and  informed  her  that  the  paper  was  ad- 
dressed to  a  certain  society  in  New  York  City 
engaged  in  suppressing  vice  or  crime,  and  H.  K. 
T.  said  that  he  did  not  seem  to  have  much  suc- 
cess and  that  he  met  with  a  great  deal  of  opposi- 
tion and  that  E.  N.  then  told  him  that  he  always 
would;  that  S.  W,  had  a  great  many  influential 
friends,  very  rich  men — far  richer  than  H.  K.  T. 
— so    that    they    would    stop    or    manage  to 


DPAWlNCi   or   nP5  EVCLVri  TliAW  HERSELF 


26 


stop    anything    he    tried    to    do,    and  that 
she,  E.  N.,  did  not  think  that  H.  K.  T.  would  he 
successful,  as  S.  W.  really  did  have  a  good  deal 
of  influence  in  New  York  City.   In  1903,  in  Paris, 
H.  K.  T.  asked  E.  N.  what  other  girls  she  knew 
of  who  had  suffered  at  the  Hands  of  S.  W.  and 
E.  N.  told  him  of  the  ones  that  she  knew  of  and 
mentioned  a  certain  story  of  a  "pie  girl";  that 
this  girl  was  very  young  atfd  beautiful  and  had 
3  >  introduced   jiractically   nude  at  a  dinner 
(in  a  pie,  and  that  S.  W.  had  talked  with 
\\  about  it  and  had  told  her  that  he,  S.  W., 
[oiisidcred  it  one  of  the  best  stunts  that  he,  S. 
\,  had  ever  done  (p.  1293) ;  thereafter,'  and  in 
the.  year  1905  or  6,  H.  K.  T.  informed  E.  N.  that 
he,  H.  K.  T.,  had  found  out  more  about  this  lit- 
tle girl,  the  "pie  girl,"  and  that  she  had  died  in 
great  poverty  and  want,  and  that  S.  W.  had  never 
bothered  to  do  anything  for  her  (p.  1304) ;  that 
there  were  constant  conversations  at  this  time 
between  E.  N  and  H.  K.  T.  in  which  H.  K.  T. 
told  E.   N.  about  S.  W.  ruining  other  girls 
(p.  1305);  these  conversations  were  largely  after 
the  marriage  of  E.  N.  and  H.  K.  T.  at  which  time 
H.  K,  T.  expressed  his  desire  to  cause  S.  W.  to 
be  put  in  prison,  and  H.  K.  T.  urged  E.  N.  to  help 
him  in  putting  S.  VV.  in  prison  for  his  acts  in  rela- 
tion to  young  women  and  E,  N.  asked  him  what  she 
could  do,  saying  that  she  could  not  tell  about  her- 
self, that  she  could  not  make  a  public  scandal, 
and  H.  K.  T.  insisted  that  she  should  help  him  and 
do  everything  she  could   (p.  1306).     At  these 
times  H.  K.  T.  informed  E.  N.  that  he  knew  of 
two  or  three  cases  of  girls  that  came  from  very 
good  families  that  had  suffered  at  the  hands  of 
S.  W.  and  that  S.  W.  not  only  disgraced  them  for 
life  but  in  the  end  they  became  prostitutes  and 
II.  K.  T.  said  that  was  the  terrible  part  of  it,  thai 


V/I?l 


AMD 


you  miglit  as  well  send  a  woman  straight  to  lie!! 
as  make  her  become  a  prostitute  (p.  1307).  In  Paris 
in  1903,  H.  K.  T.  was  continually  discussing  with 
E.  X.  her  former  relations  to  S.  AV.  and  asked  her 
for  all  letters  which  had  passed  between  her  and 
S.  W.,  which  letters  E.  N.  gave  to  H.  K.  T.;  that 
before  going  to  Paris  in  1903,  E.  N.  had  met 
S.  W.,  and  S.  W.  was  a  man  of  the  kind  that  as  a 
friend  nobody  could  be  nicer,  who  was  kind  and 
considerate  and  E.  N.  told  H.  K.  T.  that  outside 
of  this  one  terrible  thing  in  her  relation  to  S.  W., 
S.  W.  was  a  very  grand  man  and  that  he  was 
extremely  kind  and  considerate,  and  extremely 
thouglitful — much  more  thoughtful  than  most 
peoi^le — and  had  a  very  ])eculiar  personality  and 
a  very  strong  personality  and  people  liked  him 
very  much,  and  he  made  a  great  many  friends 
and  kept  them  and  that  they  were  always  unwill- 
ing to  believe  evil  things  about  him  until  they 
actually  found  them  out  and  that  then  they  were 
very  sorry  and  that  they  could  not  understand 
To  this  H.  K.  T.  replied  that  it  only  made  S. 
more  dangerous  to  the  community  because  1; 
this  personality  he  would  entrap  more  people  as 
the  years  went  on  and  would  get  worse  indulging 
this  terrible  passion  which  he  had  for  voung 
girls  (p.  1743). 

That  after  H.  K.  T.  and  E.  N.  in  1903  had 
traveled  about  as  man  and  wife  on  the  Continent 
and  had  returned  to  the  City  of  Paris,  H.  K.  T. 
prepared  certain  cablegrams  to  S.  AV.  which  he 
showed  to  E.  N.,  which  in  substance  was  to  this 
effect,  that  S.  W.  should  use  his  influence  to  keep 
the  mother  of  E.  N.  from  raising  troulile  in  Lon- 
don with  a  man  about  E.  N.  and  H.  K.  T.  going 
off  together  on  to  the  Continent  (p.  1822  ct  scq.). 

When  E.  N.  told  H.  K.  T.  in  Paris  in  1903  the 
story  hereinbefore  mwrrated  of  her  relations  witlf 


1 A 


6^ 


128 


S.  W.,  the  conduct  of  H.  K.  T.  was  not  at  all  the 
conduct  of  an  insane  man,  but  it  was  the  conduct 
of  a  man  outraged  about  a  story  of  wrong  done 
to  one  whom  he  loved,  and  there  was  nothing  in 
the  conduct  of  H.  K,  T.  at  that  time  that  im- 
pressed E.  N.  as  being  other  than  rational  (p. 
1899). 

After  the  return  of  E.  N.  and  H.  K.  T.  to 
America -in  1903,  H.  K.  T.  made  E.  N.  promise 
that  whenever  she  saw  S.  W.  she  would  tell  H.  K. 
T.,  and  E.  N.  complied  with  that  promise,  and  on 
occasions  told  H.  K.  T.  that  she  had  seen 
nd  when  E.  N.  so  told  H.  K.  T..  H.  K.  T. 
d  excited. 

19U4,  or  January,  1905,  E.  N.  aTid 
ether  in  a  theatre,  in  a  box,  and 
box  opposite  with  some  friends. 
T.  looked  very  steadily-  at  the 
S.  W.  was  and  his  face  was  very 
eyes  bulged  and  he  looked  wild,  and 
N.  told  H.  K.  T.  that  unless  he  took 
!^e  box  in  which  S.  W.  was,  she, 
save  the  theatre,  and  then  S.  W.  left 


That  this  mother  noticed  a  change  in  his  condi- 
tion about  the  18th  of  November,  1903.  He  was 
absent  minded  and  looked  as  if  he  'had  lost  inter- 
est in  everything.  He  would  leave  the  table  and 
1^  S  HBRfiCO  go  to  thp  drawing  room  and  play  the  piapo,  vio- 
lently at  first,  and  then  softer  and  softer,  and 
then  return  to  the  table.  That  H.  K.  T.  had  in 
lood  learned  to  play  the  piano  and  was  very 
fond  of  music  and  of  playing  piano.  That  he 
would  not  sleep  well  nights.  That  his  mother 
during  the  night  sometimes  heard  smothered  sobs 
coming  from  his  room,  and  sometimes  she  would 
go  into  his  room  and  find  him  sitting  up  dressed 
at  three  or  four  o'clock  in  the  morning.    He  fi- 


COUPT 

29 

nally  told  his  mother  that  the  worst  man  in  the 
world  had  ruined  a  young  girl  he  was  interested 
in,  and  he  thought  she  had  the  most  beautiful 
mind  of  any  person  he  had  ever  known.  That  she 
had  been  neglected  or  this  would  not  have  hap- 
pened. 

On  Thanksgiving  Day,  he  cried  in  Church  as 
the  choir  was  singing  Kipling's  Recessional 
Hymn.  A  deluge  of  tears  fell  on  the  programme 
and  on  the  way  home  he  told  his  mother  that  he 
suddenly  thought  that  if  it  had  not  been  for  that 
man  she,  E.  N.,  might  be  with  them  that  day. 

That  H.  K.  T.  after  the  25th  day  of  June,  1906, 
was  confined  in  the  City  Prison  in  the  City  of 
New  York  and  was  indicted  for  murder  in  the 
first  degree,  being  charged  with  the  killing  of  S.< 
W.   That  on  the  26th  day  of  June,  1906,  H.  K.  T. 
engaged  a  firm   of   lawyers  in   the   City  of 
New   York   to    represent   him   in  connection 
with  said  indictment;  that  at  some  time  prior 
to  August  4th,  1906,  11.  K.  T.  changed  his 
lawyers,    and    thereafter   was   represented  in 
connection  with  said  indictment  by  other  law- 
yers.   That  prior  to  said  change  H.  K.  T. 
was  visited  in  prison  by  a  certain  doctor 
this  city,  hereinafter  designated  as  Dr.  A.  McL. 
H.    That  on  August  4th,  1906,  a  certain  doctor 
hereinafter  designated  as  Dr.  E.  visited  H.  K.  T. 
in  the  City  Prison;  that  upon  that  visit  H.  K. 
exhibited  a  peculiar  facial  expression;  that 
had  a  glaring  and  listlessness  of  the  eye,  and 
suspicion  of  his  surroundings;  that  there  was 
nervous  agitation  and  restlessness ;  that  he  spoke/ 
rapidly,  in  a  hurried  manner.  That  H.  K.  T.  said^^ 
to  Dr.  E.  that  he.  Dr.  E.,  had  different  eyes  from 
Dr.  A.  McL.  H.;  that  Dr.  A.  McL.  H.'s  eyes  sug- 
gested insanity  to  H.  K.  T.    That  H.  K.  T.  said 
"T  have  been  subject  to  the  efforts  of  a  con- 


30 


E\/ELVN  NE3f3IT 

"THAV/    gv  — 


spiracy.   He  then  named  a  certain  lawyer  fn  tliis 
city,  Lew  Delafield  (thereby  meaning  Lewis  Dela- 
field,  a  certain  lawyer  in  this  city)  and  the  firm  of 
Black,  Olcott,  Gruber  and  Bonynge,  (who  were  at 
st  his  attorneys  when    indicted)    and  said 
hey  are  in  a  conspiracy  with  Jerome  (meaning 
^  1|li^^eby  the  District  Attorney  of  the  County),  so 
yiii'io  yelose  up  this  matter  (referring  to  the  pro- 
'  "''^n  for  the  killing  of  S.  W.)  and  railroad  me 
^^sylum.    They  want  to  declare  rae  insane, 
'i^oon't  want  me  to  come  to  trial  where  I  may 
dicated,  and  where  I  may  tell  to  the  Court 
^Jljiry  all  that  there  is  in  this  matter." 
^>^.  T.  further  said  that  this  conspiracy  had 
^  ^ — eh  formed,  and  that  S.  W.'s  friends  desired 
j^/  that  this  should  be  and  that  they  had  access  to 
Mr.  Delafield  (the  Lewis  Delafield  above  referred 
Yl/sl'^'-^i  f     Black,  Olcott,  Gruber  and  Bonynge  and 
^^■J^d^^ljeen^  to  the  District  Attorney's  Office,  and 
^(^y,^^^h^y  tlie  conspiracy  was  to  close  the  matter  up 
">.  ^  Wuictl aiid '  defeat  any  effort  to  show  court  and 
^^;^;^;3ury,'^nd  the  world,   the   infamous  conduct  of 
^' -'^^'-"^f^r'W.    At- this  interview  Dr.  E.  observed  as  an 
indisputable  fact  that  H.  K.  T.  continued  to  tell 
of  S'.  W.  and  the  women  that  S.  W.  had  ruined, 
saying  that  S.  W.  had  raped,  drugged,  poisoned 
and  seduced  a  great  number  of  young  and  inno- 
cent women,  and  that  there  was  a  conspiracy  to 
prevent  him,  H.  K.  T.,  from  being  vindicated. 

Upon  August  21,  Dr.  E.  again  visited  H.  K.  T. 
in  the  City  Prison.  At  that  time  IL  K.  T.  Was 
not  melancholic;  his  condition  of  mind  was  rather 
of  exhaltation  and  revolt  than  submission,  and 
against  the  persecutions  which  he  believed  were 
being  heaped  upon  him.  H.  K.  T.  repeated  the 
same  story  of  conspiracies  as  at  the  first 
visit.  He  said  that  he  slept  well  when 
liQ  got  to  sleep,  but  that  sometimes*  it  would 


PROMJNrNT 

Vlb]T0P6 


31 


take  him  an  hour  or  more  to  get  to  sleep.  Re- 
ferring to  his  -Statement  that  S.  W.  had  ruined 
innocent  girls,  II.  K.  T.  said  that  he  had  tried  to 
save  them;  that  he  had  done  all  in  his  power  to 
save  the  innocent  victims  of  S.  W.  That  he  did 
not  want  to  kill  S.  W.,  but  through  legal  means 
to  bring  him  to  trial.  That  H.  K.  T.  said,  "I 
never  wanted  to  shoot  that  creature  (referring  to 
S.  W.),  I  never  wanted  to  kill  him,  I  never  liatl 
any  desire  to  kill  him;  that  I  knew  he  was  a  sinful 
creature  and  that  he  was  deflowering  the  daugh- 
ters of  motliers  and  fathers  of  America,"  and  he 
spoke  especially  of  and 
finally  of  and  continued  airC 

said,  "I  did  want  through  legal  means  to  bring  h 
(referring  to  S.  W.)  to  trial.  I  wanted  to  bring 
him  to  a  court  so  that  his  criminal  doings  might 
be  brought  up  to  the  public  and  that  he  might 
be  br-ought  to  justice  and  suffer  for  that  which  he 
had  been  doing."  Dr.  E.  said,  "1  know,  but  it 
did  not  result  in  that  way,"  and  H.  K.  T.  replied, 
"No,  Providence  took  charge  of  the  situation. 
This  was  an  act  of  Providence.  Had  it  been  my 
judgment  I  would  have  preferred  for  liim  to  have 
suffered  the  Immiliation,  and  all  that  comes  from 
laying  this  matter — his  doings — before  a  court  and 
before  the  public."  Dr.  E.  said  to  him,  ""V^Tiat 
did  you  do;  wliat  did  you  do  to  bring  it  before 
the  public?"  And  H.  K.  T.  replied,  "I  went  to 
Mr.  Comstock  (meaning  thereby  the  chief  agent 
of  the  Society  for  Suppression  of  Vice) ;  I  went 
to  Mr.  Jerome  (meaning  the  District  Attorney) ; 
I  went  to  the  Pinkerton  people  and  their  detective 
agencies,  and  they  reported  back  to  me.  Mr. 
Jerome  said  I  had  better  let  it  drop;  that  there 
was  nothing  in  it,  but  the  Detective  Agency  said 
that  they  would  work  further  on  it  but  did  not 
bring  any  report  which  warranted  me  or  enabled 


mmi  C(MT  ATT/\C^1D 


32 


me  to  bring  action  against  S.  W.  in  a  court  of 
law"  (pp.  1163-1164).  H.  K.  T.  also  said  that 
there  was  a  Mr.  P.  associated  with  S.  W.  in  deflow- 
ering maidens  and  innocent  women,  not  only  those 
who  were  actually  pure,  but  the  whole  of  those 
whose  mental  trend  was  towards  purity  and  up- 
rightness cf  conduct,  and  that  when  S.  W.  could 
not  seduce  such  girls  in  the  ordinary  way,  he 
would  seduce  them  by  wine  and'  drink  or  the  use 
of  drugs  or  knock-out  drops  of  such  amounts  as 
would  render  those  young  girls  incapable  of  pro- 
tecting themselves  and  of  asserting  their  will 
power. 

H.  K.  T.  stated  that  he  carried  a  revolver  be- 
cause a  Pittsburgh  detective  had  advised  him  to 
do  so;  that  the  detective  had  advised  him  to  do 
so  after  he  had  told  the  detective  that  on  several 
occasions  a  gang  of  thugs  jostled  and  endeavored 
to  get  him  into  a  quarrel'  or  street  brawl,  and  he 
told  Dr.  E.  that  \  these  people  were  the  hired 
agents  of  S.  W.,  who  did  not  personally  want  to 
take  upon  himself  the  responsibility  or  danger  of 
attacking,  him,  H.  K.  T.,  but  had  hired  the  gang 
to  get  him  into  difficulties  so  that  he  would  do 
something  that  would  enable  them  to  kick  him  to 
mutilate  him  on  such  occasion.  H. 
I  think  it  is  an  easy  proposition," 
stating  that  he  had  no  intention  of  shooting  S.  W. 
"The  shooting  of  a  man,"  he  said,  "I  think  is  an 
easy  proposition;  anybody  can  take  a  gun  and 
shoot.  I  wanted  by  legal  processes  to  bring  him 
to  justice,  but  this  act  of  Providence  came  in  and 
settled  the  matter  in  its  own  way." 

That  upon  September  19th,  1906,  Dr.  E.  again 
visited  H.  K.  T.  in  the  City  Prison.  Upon  this 
visit,  Dr.  E.  was  accompanied  by  another  doctor, 
who  was  a  friend  of  his,  and  H.  K.  T.  seemed  sus- 
picious of  that  doctor.  At  one  oflAhe'  visits  of 
Dr.  E.  to  H.  K.  T.,  H.  K.  T.  |aidiH^re  might  be 


coumy  DfTfTCTfvf: 


two  or  three  hundred  people  found  who  would 
call  him  insane,  or  crazy,  but  that  he  did  not 
think  they  could  prove  it,  and  he  asserted  that 
be  was  not  insane. 

H.  K.  T.  had  refused  to  let  Dr.  Mac,  and  had  re- 
fused to  let  three  doctors  employed  by  th,e  Dis- 
trict Attorney,  examine  him,  immediately  after  the 
day  of  the  shooting  of  S.  W.,  because  lie  said  they 
were  in  a  conspiracy  with  the  District  Attorney 
to  run  him  into  an  Asylum;  that  at  this  third  in-' 
ter\-iew  H.  K.  T.  said  that  he  had  no  thought  of 
taking  S.  W.'s  life  himself,  but  when  he  came 
upon  him  in  the  theatre  on  the  Roof  Garden  that 
night,  that  Providence  had  taken  the  matter  in 
hand,  and  thereupon  he  was  asked  by  a  docto 
if  be  did  not  think  that  was  a  harsh  way,  and 
if  it  was  not  a  bad  way  for  him,  H.  K.  T.  per- 
sonally. H.  K.  T.  replied,  "I  think  that  was  the 
better  way,  because  now  he  is  permanently  re 
moved,  and  if  he  (referring  to  S.  W.)  had  gone 
to  prison  he  might  be  pardoned  out  after  a  time 
and  renew  his  practices." 

That  upon  the  twenty-second  of  Septenio6r 
1906,  Doctor  E.  visited' H.  K.  T.  in  the /ci 
Prison ;  H.  K.  T.  then  displayed  a  glare  of 
eye;  that  he  was  restless  and  nervous  and 
played  a  restless  throwing  of  the  head  an(3  a 
picious  glancing  at  everybody  and  every 
about  him;  that  on  the  27th  of  September, 
Doctor  E.  again  visited  H.  K.  T.  in  j^fe 
Prison,  together  with  Doctor  W. ; 
was  stripped,  and  that  thereupon 
W.  examined  him;  that  they  ma^  a 
of  the  following  character 

I.  As  to  general  nutrition 

2.  As  to  the  skin; 

3.  As  to  scars; 

4.  As  to  conformation  of 


NR5-V/UMM  THAW 

BY 


34 


5.  As  to  reflexes; 

6.  As  to  heart; 

7.  As  to  pulse; 

8.  As  to  organs  of  generation; 

9.  As  to  muscular  co-ordination; 

10.  As  to  search  for  evidence  of  drug  habit; 

11.  As  to  search  for  syphilis; 

12.  As  to  search  for  tremors; 
X§.  As  to  search  for  spinal  disease; 
14.  As  to  anesthesia,  or  hyperesthesia; 
l4  As  to  response  to  suggestions; 
lo.  As  to  general  manner  of  conduct  while  be- 

iLig  examined; 

17.  As  to  character  of  memory; 

18.  As  to  various  senses; 

19.  A3  to  condition  of  cranial  nerves; 

20.  As  to  his  power  of  recollection; 

21.  As  to  his  power  of  perception; 
.22.  As  to  his  muscular  co-ordination  so  far  as 

locomotion  was  concerned ; 
23;7A8  to  co-ordination  of  muscles  of  the  arm; 
■■!$4:.  As  to  the  ordinary  test  for  eyes; 
-  25»  As  to  the  Romberg  test,  as  to  the  Babin- 
sky  and  Plantar  reflexes. 

The  result  of  such  physical  examination  of  H 
K.  T.  was  as  follows: 

1.  The  general  nutrition  of  the  body  appeared 
to  he  good ; 

2.  There  was  nothing  about  the  condition  of 
the  skin  that  was  abnormal; 

.  3.  That  as  to  scars  it  appeared  that  upon  the 
penis  there  was  a  scar  which  looked  as  if  the 
operation  of  circumcision  had  been  uoskillfully 
performed,  and  there  was  in  the  groin  a  scar  such 
as  might  have  resulted  from  an  abscess; 

4.  As  to  the  conformation  of  the  head,  the 
general  shape  of  the  head  showed  nothing  to  at- 


35 


tract  attention,  except  that  just  below  the  occipi- 
tal protuberance  there  was  an  unusual  and  very 
marked  depression,  and  below  this  depression 
was  another  elevation  or  protuberance  something 
on  the  order  of  a  similar  occipital  protuberance, 
entirely  lower  than  the  occipital.  The  protuber- 
ance of  the  occipital  bone  is,  as  a  rule,  to  be  found 
(p.  1088). 

5.  As  to  the  reflexes,  the  patella  reflexes  were 
found  to  be  slightly  exaggerated ;  the  plantar  re- 
flex was  unusual,  in  that  it  was  above  the  aver- 
age (p.  1092).  The  reflexes  of  the  eye  were  nor- 
mal and  the  response  to  the  consensual  test  was 
norma]  (p.  1093).  In  the  response  of  the  ankle, 
known  as  the  ankle  clonus,  no  abnormal  condition 
was  observed  (p.  1094).  The  chremasteric  or 
testicular  reflex,  tested  by  running  the  fingers  up 
the  inside  or  down  the  inside  of  the  thigh  sud- 
denly, from  which  results,  in  the  normal  man,  a 
drawing  up  of  the  scrotum,  was  rather  tardy  and 
not  as  responsive  as  the  normal  (p.  1095).  In  a 
test  of  the  abdominal  skin  reflex  there  was  an 
unusual  sensitiveness  over  the  upper  part  of  the 
thigh  up  to  the  navel,  the  approach  to  any  part 
of  the  anatomy  anywheres  near  the  sexual  or- 
gans caused  muscular  contraction  and  great  ner- 
vousness on  the  part  of  the  subject,  so  much,  that 
his  general  attitude  towards  the  examiner  was 
an  apprehension  of  danger  (p.  1096). 

6  &  7.  The  test  of  the  heart  and  pulse,  showed 
a  very  nervous  pulse;  the  irregularities  of  the 
heart  consisted  in  its  changing  the  pulse  rate  four 
times  during  the  minute,  varying  from  twelve  to 
twenty-four  beats;  there  was  no  evidence  of  any 
valvular  disease  of  the  heart. 

8.  The  organs  of  generation  were  examined  and 
no  evidences  of  any  form  of  venereal  disease  were 
found  except  that  there  was  some  scar  tissue 


BY— 


36 


which  appeared  to  be  the  result  of  a  bungling 
circumcision. 

9.  So  far  as  muscular  co-ordination  is  con- 
cerned, H.  K.  T.  was  required  to  walk  across  the 

/i^jn  and  back  with  his  eyes  open,  then  with  his 
<^yes  shut,  and  turn  suddenly;  then  he  was  re- 
quested to  stand  on  both  feet  together  and  stand 
erect  with  his  hands  beside  him;  he  was  then  re- 
quested to  stand  with  his  eyes  closed  to  determine 
if  there  was  any  unusual  swing;  he  was  then  re- 
quested first  to  stand  on  one  foot  and  then  on  the 
other,  all  of  which  he  did  and  there  was  no  evi- 
dence of  abnormal  muscular  trouble  or  muscular 
inco-ordination.  He  was  then  directed  to  extend 
his  arm  and  touch  the  tip  of  his  nose  with  his 
eves  open  and  then  with  his  eyes  shut,  and  then 
with  his  right  and  then  with  his  left  arm.  He  was 
then  asked  to  let  his  hand  out  with  his  .  fingers 
extended.  The  result  of  these  tests  was  to  show 
that  there  was  no  muscular  inco-ordination,  noth- 
ing that  was  abnormal. 

10.  Search  for  evidence  of  drug  habits.  There 
was  nothing  in  the  physical  inspection  of  H.  K. 
T.  that  showed  that  he  had  been  subject  to  any 
drug  habit. 

11.  Search  for  evidence  of  syphilis.  Nothing 
1  the  physical  examination  of  H.  K.  T.  showed 

that  he  had  had  syphilis. 

12.  Tremors:  A  careful  examination  for  trem- 
ors both  coarse  and  the  finer  fibrillary  tremors, 
disclosed  none  except  a  slight  rustle  between  the 
hands  when  H.  K.  T.  would  hold  his  hand  between 
the  hands  of  the  physician. 

13.  Evidence  of  spinal  disease:  There  was 
nothing  that  disclosed  in  the  physical  examina- 
tion, any  spinal  disease. 

14.  As  to  anesthesia,  or  hyperesthesia,  there 
was  nothing  that  indicated  either. 


15.  Response  to  Suggestion.  That  so  far  as  the 
response  of  H.  K.  T.  to  suggestion  was  concerned 
he  seemed  to  prefer  to  pursue  his  own  line  of 
thought  rather  than  that  of  the  examining  physi- 
cians. 

17  &  18.  Character  of  memory  and  various 
senses :  The  memory  of  H.  K.  T.  in  this  examina- 
tion appeared  to  be  good  and  his  various  senses 
appeared  to  be  normal. 

19.  Condition  of  cranial  nerves:  A.  test  of  the 
cranial  nerves  showed  no  abnormality. 

20.  The  power  of  recollection  of  H.  K.  T.  ap- 
peared to  be  normal. 


On,  September  29th  Drs.  E.  &  W.  again  saw 
H.  K.  T.  in  the  City  Prison.  H.  K.  T.  was  calmer 
in  mood  and  less  suspicious,  but  still  showed  much 
nen'ousness,  but  in  a  general  way  was  more  com- 
posed and  courteous  and  appeared  to  have  no  ap- 
prehension of  danger  so  far  as  he  himself  was 
concerned.  On  October  the  1st,  1906,  Dr.  E.  visit- 
ed H.  K.  T,  again  in  the  City  Prison.  H.  K.  T. 
was  extremely  cordial  and  had  a  long  heart-to- 
heart  talk  with  Dr.  E.,  such  a  talk  as  a  brother 
or.  an  intimate  friend  has.  At  this  interview  H. 
K.  T.  still  somewhat  wanted  to  dictate  the  line 
of  conversation,  and  it  was  a  short  visit.  On  Oc; 
tober  8th  Dr.  E.  again  went  with  Dr.  'W.  to  visi' 
H.  K.  T.  in  the  City  Prison  and  had  a  protracted 
conversation  with  him,  lasting  about  two  hours. 
That  in  the  third  visit  in  the  City  Prison  with 
H.  K.  T.  last  above  detailed  Dr.  E.  and  Dr.  AV. 
went  together  with  one  of  H.  K.  T.'s  then  lawyers 
to  the  Prison.  H.  K.  T.  entered  the  room  with  a 
large  box  under  his  arm  and  a  standing  collar, 
unbuttoned  in  front,  one  part  of  it  standing  out 
one  "way  and  the  other  standing  out  the  other  way, 
with  much  nen'ousness  and  agitation  and^with  a 


nK5 


]3 


stare  of  the  eye  and  a  quick  speech  as  if  one  word 
would  tumble  over  the  other,  and  said,  looking  at 
Dr.  E.,  "How  are  you,"  and  he  then  looked  at 
a  Dr.  B,,  who  had  also  come  with  Dr.  W.  and  Dr. 
E.,  and  passed  very  quickly  the  courtesies  of  the 
day,  not  being  abrupt  to  the  point  of  being  in 
any  sense  offensive,  but  not  giving  the  greeting  that 
a  man  expects  when  he  meets  some  one  by  engage- 
ment.   H.  K.  T.  turned  to  his  lawyer  and  said, 
"I  want  those  papers."   His  lawyer  said,  "I  can- 
not give  them  to  you  now."   H.  K.  T.  then  said, 
"I  want  them  now."   His  lawyer  said,  "I  cannot 
give  them  to  you."   His  lawyer  said  this  quietly, 
and  in  a  very  soothing  manner  and  tone  of  voice 
^f.id  to  him,  "I  will  tend  to  that,  you  go  on  with 
e  doctors,  I  will  bring  the  papers  later. "  "  No, ' ' 
id  H.  K.  T.,  "I  have  got  to  have  them  now,  I 
e  got  to  look  over  these  papers  and  have  got 
I J  have  these  papers  to  look  over  and  refer  to 
(hem  and  look  into  them."    His  lawyer  said, 
'Now,  I  will  tend  to  them."   H.  K.  T.  said,  "No, 
[  Want  them  right  away. ' ' 

*jrhe  lawyer  spoke  in  a  gentle  way  and  with  a 
southing  manner  so  as  to  placate  H.  K.  T.  and 
rfiake\im  feel  comfortable  about  them.  H.  K.  T.  's 
manner  was  of  one  making  a  demand,  as 
if  he'x^uJd  brook  no  argument  or  postponement 
Q^MS  demands.  His  eyes  were  set  upon  his  lawyer 
"  when  he  iaddressed  him.  His  lawyer  also  said, 
tallying  to  him.  like  a  brother  talking  to  a  brother, 
that  he  would  bring  the  paper's  to-morrow,  but 
H.  K.  T.  said  "No,  to-morrow  won't  do,  I  want 
them  now ;  they  have  got  to  be  looked  over  now ; 
-  I  have  to  look  after  them  now."  His  lawyer  then 
said  firmly  and  kindly  "Well,  I  cannot  give  them 
to  you  now..''  H.  K.  T.  turned  to  the  Doctors  in 
an  excited  manner  and  said,  "There  will  be  no 
examination  to-day,  I  am  very  sorry.  Doctor 


Dr.  E.  said,  "^Vhy,  Mr.  H.  K.  T.,  it  does  not  mat- 
ter, "whatever  is  your  pleasure  in  this  matter,  we 
wish  to  observ'e."  H.  K.  T.  then  went  to  the  door 
and  when  the  oflScer  opened  the  door,  went  in  a 
nervous  manner  out  of  the  door  in  the  direction 
of  his  prison  cell.  That  when  on  the  17th  of 
August,  1906,  H.  K.  T.  was  visited  in  the  Tombs 
by  his  family  physician,  who  had  known  him  for 
many  years,  that  at  that  time  H.  K.  T.  had  a  se- 
vere cold,  that  he  had  put  up  a  newspaper  on 
the  grating  above  the  door  of  his  cell  to  prevent 
the  wind  blowing  in,  which  is  contrary  to  the 
prison  regulations ;  that  the  Tombs  attendant  had 
ordered  it  off;  that  H.  K.  T.  then  became  excited 
and  said  he  had  a  cold  which,  in  reality  he  did 
have  and  said.  "If  I  get  pneumonia  here,  you 
will  get  written  up  in  the  New  York  papers  and 
it  will  not  look  very  good  for  your  management 
here,"  and  he  said  they  were  just  having  that 
wind  blow  so  that  he  would  get  pneumonia  and  die 
and  then  there  would  be  no  trial.  He  said  that  his 
pulse  had  been  acting  badly  and  possibly  that  was 
something  that  had  occurred  since  the  act  of 
Providence. 


SL*fdUoct 


^^^^  ^ w  — — ^ /Y  ft .      .  yJ  .  ^  c/L^'^  ^  /> 


^f•Y  >5UHDAY  AMEK1C>^K 


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HADDDN  TOWER 


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